Legal Opinion
United States of America, Acting Through the Agricultural Stabilization and Conservation Service v. Willis R. Gerth
Court of Appeals for the Eighth Circuit
Decided April 29, 1993No. 92-1799PublishedCited by 88 opinions
1Opinion of the Court
MAGILL, Circuit Judge.
The Department of Agriculture’s Agricultural Stabilization and Conservation Service (ASCS) appeals from denial of a motion for modification of automatic stay and for setoff in a Chapter 12 reorganization proceeding. 136 B.R. 241. ASCS claims it has a right under 11 U.S.C. § 553 to set off a debtor’s Conservation Reserve Program (CRP) payments against a debt which the debtor owes the government. This case addresses two issues of first impression: (1) whether assumption of executory CRP contracts by a debtor-in-possession under 11 U.S.C. § 365 transforms ASCS’s obli*1430gation…
2Cases cited30 opinions
- National Labor Relations Board v. Bildisco & BildiscoSupreme Court of the United States · 1984
- Pennsylvania Department of Public Welfare v. DavenportSupreme Court of the United States · 1990
- In the Matter of West Electronics Inc. Appeal of United States of America, by the United States Air ForceCourt of Appeals for the Third Circuit · 1988
- 16 Collier bankr.cas.2d 1447, Bankr. L. Rep. P 71,794 Braniff Airways, Inc. Debtor and Debtor-In-Possession, and the Official Unsecured Creditors' Committee of Braniff Airways, Inc. v. Exxon Company, U.S.A.Court of Appeals for the Fifth Circuit · 1987
- In the Matter of United Sciences of America, Inc., Debtor. Daniel J. Sherman v. First City Bank of DallasCourt of Appeals for the First Circuit · 1990
25 more not listed; retrieve them via the Exa API.
3Cited by88 opinions
- Electronic Merchant Systems LLC v. Peter GaalCourt of Appeals for the Sixth Circuit · 2023
- Bonneville Power Administration v. Mirant Corp.Court of Appeals for the Fifth Circuit · 2006
- Stockmen's Livestock Market, Inc. v. Norwest Bank of Sioux City, Na, Stockmen's Livestock Market, Inc. v. Norwest Bank of Sioux City, NaCourt of Appeals for the Eighth Circuit · 1998
- COMPREHENSIVE CARE CORPORATION, Appellee, v. REHABCARE CORPORATION, AppellantCourt of Appeals for the Eighth Circuit · 1996
- Thompson v. Board of Trustees (In Re Thompson)United States Bankruptcy Court, E.D. Virginia · 1995
83 more not listed; retrieve them via the Exa API.